Writ petition by an MLA accused in C.C.No.6231/2023 seeking quashment of proceedings; the court allowed it for the same reasons as a Co-ordinate Bench in Criminal Petition No.5726/2022 and quashed the proceedings.
Proceedings in C.C.No.6231 of 2023 arising out of Crime No.20 of 2022 of Ijoor Police Station quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:6645 WP No. 24164 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 24164 OF 2023 (GM-RES)
BETWEEN:
SRI. SRI U T KHADAR S/O LATE HAJI U T FAREED, AGED ABOUT 53 YEARS, NOW SPEAKER OF KARNATAKA LEGISLATIVE ASSEMBLY, MEMBER OF KARNATAKA LEGISLATIVE ASSEMBLY, MANGALORE CONSTITUENCY, R/O DOOR NO. 1-2 AMMUNJE HOUSE, BOLIYAR VILLAGE, MANGALORE TALUK - 583 230.
AND ALSO OFFICE AT KPCC OFFICE, QUEENS RD, GOVINDA CHETTY COLONY, SHIVAJI NAGAR, BENGALURU, KARNATAKA - 560 051.
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
(BY SMT. LATHA S SHETTY A/W SRI. BANNIKATTI DEEPAK, ADVOCATES)
…PETITIONER
AND:
ANNEXURE BUILDING, DR AMBEDKAR VEEDHI ROAD, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINT DATED: 28.02.2022 FILED BY THE R-2 FOR THE OFFENCES PUNISHABLE U/S 5 (3A0 OF THE KARNATAKA EPIDEMIC PUNISHABLE ACT 2020 AND U/S 143, 149, 290, 336 AND 141 OF THE INDIAN PENAL CODE 1890 IN SO FAR PETITIONER CONCERNED PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR DN) AND JMFC RAMANAGARA TRANSFERRED IN THE 42ND ADDL (SPL COURT TRIAL CASES FILED AGAINST SITTING AS WELL AS FORMER MP AND MLA TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA) IN SO FAR PETITIONER IS CONCERNED (ANNX-A) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner who is accused No.12 in C.C.No.6231
of 2023 is before this Court calling in question entire proceedings. The subject issue also arises out of the facts
obtaining in Criminal Petition No.5726 of 2022 as the offences alleged are the very same except the difference in crime numbers & charge sheet numbers. Therefore, I deem it appropriate to allow the subject petition for the very reasons rendered in Criminal Petition No.5726 of
2022, disposed off by a Co-ordinate Bench of this Court..
O R D E R
Sd/JUDGE
SMJ
List No.: 1 Sl No.: 8
1 issue framed by the court
Whether criminal proceedings in C.C.No.6231 of 2023 against the petitioner should be quashed in line with a Co-ordinate Bench's decision in Criminal Petition No.5726 of 2022.
3 provisions across 3 enactments
SRI U T KHADAR
STATE OF KARNATAKA, THROUGH IJOOR POLICE STATION
MR. M. VIJAYKUMAR
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
